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Civil Litigation

Oct. 4, 2024

Anti-SLAPP statutes: From shield to sword

While anti-SLAPP protections are essential for safeguarding public participation rights, the authors of the statute underestimated litigators' creativity, leading to the widespread use of anti-SLAPP motions in California civil litigation.

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Enacted by the California Legislature in 1992, the anti-SLAPP statute was designed for a very specific and important purpose: to shield defendants from meritless lawsuits that might chill the exercise of their political rights to speak and petition on matters of public concern. In practice, as case law interpreting the codified protections has evolved, the anti-SLAPP statute has$95

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